Agenda Numbers: PC15-14 MEETING DATE: July 7, 2015 REPORT TO THE PLANNING COMMISSION

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1 Agenda Numbers: PC15-14 MEETING DATE: July 7, 2015 REPORT TO THE PLANNING COMMISSION SUBJECT: Patton Computers, 264 Market Boulevard (The Market on Poplar, Lot #1) - Request approval of a Conditional Use Permit (CUP) to provide drug/pharmaceutical sales, with drive-thru service, at an existing 12,000 square foot building located on the east side of Market Boulevard, approximately 290 feet north of Poplar Avenue. INTRODUCTION: Mark Underwood with Property Solutions, representing property owners Judy and Stanley Rosenbloom and Susan and Alan Kosten, as well as the applicant, Billy Patton of Patton Computers, is requesting a Conditional Use Permit (CUP) to allow drug/pharmaceutical sales, with drive-thru service, at Patton Computers, located at 264 Market Boulevard. The subject property is zoned SCC: Shopping Center Commercial. The proposed pharmacy use would be located within Patton Computers existing building, which is approximately 12,000 sq. ft. in size. The proposed pharmacy would operate under the same roof as the existing computer store and satellite post office. Drugs or Pharmaceuticals uses require a Conditional Use Permit in SCC zoning districts (per of the Zoning Ordinance). Such uses are permitted by-right in GC: General Commercial, CB: Central Business, MU: Mixed-Use, and NC: Neighborhood Commercial zoning districts. EXHIBITS 1. Applicant s Cover Letter, stamped 6/2/ Existing Conditions Site Plan, dated 5/30/ Proposed Site Plan Modifications, dated 5/30/ Proposed canopy elevations, dated 5/30/15. The commercial properties located to the north, east, and west of the subject property are also zoned SCC. The adjacent Perkins Restaurant is zoned SCC. The commercial properties to the south of the subject property (located south of Poplar Avenue), including the Shops of Collierville Shopping Center, are zoned GC: General Commercial. KEY QUESTIONS: The Planning Commission may find these questions helpful when considering whether the subject property is appropriate location for a Conditional Use Permit (CUP): 1. Is the sale of pharmaceuticals appropriate for this location? Yes, the subject property is located in a predominantly commercial area along the Poplar Avenue Corridor that is recommended to remain commercial ( Suburban Commercial ) per the Collierville 2040 Land Use Plan. Another example of a pharmacy in an SCC district in proximity to the subject property includes the Walgreen s at the northwest corner of Poplar Avenue and Byhalia Road. Pharmacies also operate within the nearby Target (Byhalia Retail Center) and Kroger s stores (Great Oaks Shopping Center). DISCUSSION: The subject property, which includes the Patton Computers building, adjacent parking and other site features, is part of the larger The Market on Poplar Shopping Center, which is approximately 20 acres in size. Patton Computers is located between the two (2) southernmost of the four (4) curb cuts that provide vehicular access to the shopping center from Market Boulevard. The shopping center has over 700 feet of road frontage on Poplar Avenue. The Planning Commission approved a Final Site Plan for construction of the Patton Computers building in March The existing drive-thru lane was approved as part of the Final Site Plan. The drive-thru lane is accessed from behind the building and is primarily used by post office customers. The existing drive-thru lane can accommodate up to eight (8) vehicles at one time. 1

2 The applicant has submitted a separate Site Plan Modification application to build a new canopy on the north side of the building to provide shelter for the existing drive-thru lane and a proposed second drive-thru lane that would serve pharmacy customers. Existing open space to the north of the existing drive-thru aisle would be removed to build the second drive-thru lane. The applicant is proposing to add additional open space by expanding the landscape islands to the north of the building, equal to or in excess of the amount of open space being removed to construct the second drive aisle. The additional open space would result in the loss of six (6) parking spaces, however the shopping center has approximately 147 parking spaces in excess of the minimum requirement (approximately 1,062 parking spaces currently provided compared to 915 required). The proposed pharmacy use would be in addition to the computer store and satellite post office uses currently operating within the building. Drugs or Pharmaceuticals require a Conditional Use Permit in SCC zoning districts (per of the Zoning Ordinance). A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning district but which would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such a zoning district as a conditional use, if specific provisions are met. Conditional uses typically meet the purpose and intent of the zoning district but require the approval of the appropriate review body to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and any special requirements unique to that use are addressed. The Planning Commission may: recommend approval or denial of a request based on the standards (see below); recommend additional conditions of approval if findings are citied beyond such generalities as in the interest of public health, safety and general welfare; and provide flexibility from the strict application of the Zoning Ordinance, as circumstances may arise where the standards of the zoning district are inconsistent with the requirement for compatibility with surrounding property. A condition may be less restrictive than the standards of the zoning district if the Commission specifically cites the reasoning for the condition based on compatibility with the surrounding property. All approved plans, conditions, restrictions, and requirements made part of the approval run with the land. 6-Prong Test For A Conditional Use Permit (General Standards): A CUP shall be granted, provided the Mayor and Aldermen, with a recommendation from the Planning Commission, find that the proposed use addresses the following standards. The staff analysis is in bold italics below. The applicant s response can be found in Exhibit Conforms to all applicable provisions of the zoning district in which it is to be located, unless modified as part of the conditional use application per of Collierville s Town Code of Ordinances. The application complies with the provisions of the SCC zoning district, including setbacks and parking requirements. 2. Conforms to the Footnotes of and the Specific Provisions for Conditional Uses as set forth in Neither the footnotes of , nor the special conditions and specific standards in the Specific Provisions for Conditional Uses as set for in apply to pharmacies in SCC zoning districts. 3. Is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located. The proposed pharmacy use is consistent with the existing development in the vicinity of the subject property. There are several pharmacies in SCC districts in proximity to the subject property, including the Walgreen s at the northwest corner of Poplar Avenue and Byhalia Road, as well nearby Target (Byhalia Retail Center) and Kroger s stores (Great Oaks Shopping Center). 2

3 4. Is generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding neighborhood, including any applicable Small Area Plans. The subject property and surrounding properties are all designated for Suburban Commercial land uses and design. The proposed land use and existing building is generally consistent with the Collierville 2040 Land Use Plan. 5. Will not adversely affect a known archaeological, environmental, historical or cultural resource. There are no known archaeological, environmental, historical or cultural resources. 6. The adequacy of public facilities and services intended to serve the subject property exist, including but not limited to roadways, transit service, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, storm water drainage systems, water supplies, and wastewater and refuse disposal. Adequate public facilities and services exist to serve the facility. As part of the Site Plan Modification process, the applicant must design the canopy, additional drive-thru lane, and open space modifications to capture runoff from the new improvements. Next Steps: Board of Mayor and Aldermen (BMA) Conditional Use Permit Review: The BMA will consider the Conditional Use Permit amendment based upon the recommendations of the PC. The BMA is tentatively scheduled to hear this application on July 27, Site Plan Modification/Exterior Alterations: Once the pending Site Plan Modification/Exterior Alteration is finalized and complies with any CUP Conditions, the applicant may proceed for a development agreement, if required. Provide a completed a Development Agreement Information Sheet to expedite the process. Building Construction Plan Review: The Codes Enforcement Division is responsible for the construction plan review phase and ensures that the construction plans match the approved Final Site Plan (building placement, architecture, lighting, etc.). EXAMPLE MOTION AND CONDITIONS OF APPROVAL (CUP): To recommend to the Board of Mayor and Alderman a request (Exhibits 1, 3, and 4) for approval of a Conditional Use Permit (CUP) to allow drug/pharmaceutical sales, with drive-thru service, at an existing 12,000 square foot building located at 264 Market Boulevard (on the east side of Market Boulevard, approximately 290 feet north of Poplar Avenue) with the following conditions: 1. Within one (1) year of the BMA granting the CUP, the applicant must enter into a Development Agreement, if required, with the Town for proposed site improvements in the vicinity of 264 Market Boulevard or the CUP is null and void. CUP amendment. 2. The Site Plan Modification shall delineate building, open space, drive-thru lanes, and other site modifications. When building and site improvements have been made in conformance to the approved plans as determined by Town staff, the building identified as 264 Market Boulevard may be used for drug/pharmaceutical sales. 3. Sign permits shall be required for any signage modifications. 3

4 CONTACT INFORMATION: Applicant Applicant s Representative Project Planners Contact: Billy Patton Mark Underwood Sean Isham, AICP (Primary) Nancy Boatwright, AICP Jaime Groce, AICP Organization: Patton Computers Planning Division Address: 264 Market Blvd. 784 Deans Creek Dr. 500 Poplar View Pkwy. Collierville, TN Collierville, TN Collierville, TN Phone: Fax: bpatton@pattoncomputers.com underwood@earthlink.net sisham@ci.collierville.tn.us 4

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